October 29, 2008
Who Enforces the Constitution's Natural Born Citizen Clause?
If you believe in individual rights and the notion that our Constitution is a document granting enumerated but limited powers to the federal government, then you have reason to be troubled by the recent dismissal in Berg v. Obama et al.Philip Berg, Democrat and former Assistant Attorney General for Pennsylvania, brought suit alleging that under the Natural Born Citizen Clause of the U.S. Constitution, Barack Obama is ineligible to be President. Federal Judge R. Barclay Surrick recently granted the motion to dismiss filed by Senator Obama and other defendants, including the Democratic National Committee, on grounds that Berg lacked standing to sue as a mere voter.The judicial doctrine of standing is important. It is a requirement that plaintiffs have a real stake in the outcome of a real controversy. This prevents, among other problems, persons bringing lawsuits simply to harass defendants. The judicial doctrine of standing is one of many judicial doctrines...(Read Full Article)